View source for Linder v. United States

{{Use mdy dates|date=September 2023}}
{{Infobox SCOTUS case
| Litigants = Linder v. United States
| ArgueDate = March 9
| ArgueYear = 1925
| DecideDate = April 13
| DecideYear = 1925
| FullName = Charles O. Linder v. United States
| USVol = 268
| USPage = 5
| ParallelCitations = 45 S. Ct. 446; 69 [[L. Ed.]] 819; 1925 [[U.S. LEXIS]] 545
| Prior = From District Court, Eastern District of Washington
| Subsequent = 
| Holding = 
| Majority = McReynolds
| JoinMajority = ''unanimous''
| LawsApplied = [[Harrison Narcotics Tax Act]]
| Superseded = [[Controlled Substance Act]] (in part)
| Docket = 
| OralArgument = 
| OralReargument = 
| OpinionAnnouncement = 
| Dissent = 
| Concurrence = 
| JoinConcurrence = 
| Concurrence2 = 
| JoinConcurrence2 = 
| Concurrence/Dissent = 
| JoinConcurrence/Dissent = 
| JoinDissent = 
| Dissent2 = 
| JoinDissent2 = 
}}

'''''Linder v. United States''''', 268 U.S. 5 (1925), is a [[Supreme Court of the United States|Supreme Court]] case involving the applicability of the [[Harrison Act]]. The Harrison Act was originally a taxing measure on drugs such as [[morphine]] and [[cocaine]], but it later effectively became a prohibition on such drugs. However, the Act had a provision exempting [[Physician|doctor]]s prescribing the drugs. Dr. Charles O. Linder of [[Spokane, Washington]] prescribed the drugs to [[Substance dependence|addicts]], which the federal government said was not a legitimate [[medical]] practice. He was prosecuted and convicted. Linder appealed, and the [[Supreme Court of the United States|Supreme Court]] unanimously overturned his conviction, holding that the federal government overstepped its power to regulate [[medicine]]. The opinion of the court was written by Justice [[James Clark McReynolds]] and states, "Obviously, direct control of medical practice in the states is beyond the power of the federal government."<ref>{{ussc|name=Linder v. United States|268|5|1925}}.</ref>

== Current implication ==
With the passage of myriad later laws, including the [[Controlled Substance Act]] which gives no exemption whatsoever to [[Controlled Substances Act#Schedule I controlled substances|Schedule I]] drugs, and the end of [[Lochner era]], the holding of ''Linder'' has now been mostly vitiated. However, the rationale of the case was later used to stop the [[United States Department of Justice|Department of Justice]] from interfering with [[Oregon]]'s [[assisted suicide]] laws in the case ''[[Gonzales v. Oregon]]'', and the concurring opinion in ''[[Ruan v. United States]]'' noted that ''Linder'' has never been overturned and would apply the rule to that case.

==See also==
*[[List of United States Supreme Court cases, volume 268]]

==References==
{{Reflist}}

==External links==
* {{wikisource-inline}}
* {{caselaw source
 | case = ''Linder v. United States'', {{ussc|268|5|1925}}
 | courtlistener =https://www.courtlistener.com/opinion/100630/linder-v-united-states/
 | findlaw = https://caselaw.findlaw.com/us-supreme-court/268/5.html
 | googlescholar = https://scholar.google.com/scholar_case?case=558371114106290437
 | justia =https://supreme.justia.com/cases/federal/us/268/5/
 | loc =http://cdn.loc.gov/service/ll/usrep/usrep268/usrep268005/usrep268005.pdf
 }}

{{Drug use}}

[[Category:United States Supreme Court cases]]
[[Category:United States Supreme Court cases of the Taft Court]]
[[Category:United States controlled substances case law]]
[[Category:1925 in United States case law]]
[[Category:History of Spokane, Washington]]


{{SCOTUS-stub}}